PRAHLAD Vs. STATE

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant Prahlad against the judgment and order on sentence dated 4.5.2011 passed by learned Addl. Session Judge in Session Case No.186/2008 whereby he has been convicted for committing the offence punishable under Section 376 (2)(f) IPC and sentenced to undergo RI for 10 years with fine of Rs.10,000/- and in default of payment of fine, to undergo SI for one year.

(2.) Briefly stating, the case FIR No.138/2008 under Section 376/511 IPC was registered at Police Station Rajouri Garden against the Appellant on the basis of statement Ex.PW7/A made by the Complainant Dalsukh, father of child victim 'P' (name withheld to conceal her identity). As per the complaint Ex.PW7/A, the Complainant is a widower having three daughters aged about 9 years, 8 years and 6 years. The Complainant deals in old plastic items and clothes as hawker and used to leave his house in the morning and come late in the evening.

(3.) On the date of incident, when he returned home in the evening, he tried to give milk and rusk to 'P' but felt that 'P' was not feeling well. Then he was informed by his elder daughter 'B' that 'P' was taken by Prahlad i.e. the Appellant to feed her rice but he had committed 'galat kaam' with her. He noticed blood stains on the jeans of 'P'. He discussed the matter with neighbours and therafter the public persons started searching for the accused. PCR was informed. Appellant Prahlad was apprehended and given beating by the public person. The child victim as well as the Appellant were sent to DDU Hospital for their medical examination. Exhibits were sent to FSL and after completion of investigation, chargesheet was filed against the Appellant.